Colorado Revised Statutes

Colo. Rev. Stat. § 15-10-401 (2026)

Notice - method and time of giving

✓ current as of July 2026

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(1) If notice of a hearing on any petition is required, and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing on any petition to be given to any interested person or to the interested person's attorney of record or the interested person's designee. Notice shall be given:

(a) By mailing a copy thereof at least fourteen days before the time set for the hearing by certified, registered, or ordinary first-class mail addressed to the person being notified at the post-office address given in any demand for notice, or at the person's office or place of residence, if known; or

(b) By delivering a copy thereof to the person being notified personally at least fourteen days before the time set for the hearing; or

(c) If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing once a week for three consecutive weeks, a copy thereof in a newspaper having general circulation published in the county where the hearing is to be held, the last publication of which is to be at least fourteen days before the time set for the hearing. In case there is no newspaper of general circulation published in the county of appointment, said publication shall be made in such a newspaper in an adjoining county. A motion for court permission to publish the notice of any hearing shall not be required unless otherwise directed by the court.

(2) The court for good cause shown may provide for a different method or time of giving notice for any hearing.

(3) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding. If notice is given by publication, at the time the party who issued the notice by publication files proof of publication, that party shall also file an affidavit verified by the oath of such party or by someone on his or her behalf stating the facts that warranted the use of publication for service of the notice of the hearing and stating the efforts, if any, that have been made to obtain personal service or service by mail. The affidavit shall also state the address, or last-known address, of each person served by publication or shall state that the person's address or identity is unknown and cannot be ascertained with reasonable diligence.

(4) "Publication once a week for three consecutive weeks" means publication once during each week of three consecutive calendar weeks with at least twelve days elapsing between the first and last publications.

Source: L. 73: R&RE, p. 1547, § 1. C.R.S. 1963: § 153-1-401. L. 75: (4) amended, p. 589, § 10, effective July 1. L. 77: (1)(a) amended, p. 831, § 7, effective July 1. L. 2002: Entire section amended, p. 651, § 4, effective July 1. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 836, § 40, effective July 1.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1978–2024 · leading case: In re the Interest of Black, 2018 COA 7 (Colo. Ct. App. 2018).

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In re the Interest of Black, 2018 COA 7 (Colo. Ct. App. 2018). · cites it 4× “Black had more than fourteen days’ notice of the damages portion of the hearing.”

In Re Est. of Evarts, 166 P.3d 161 (Colo. Ct. App. 2007). · cites it 9× “Section 15-10-401, C.R.S.2006, requires notice be given to any interested person if a hearing on any petition is required.”

Anderson v. Young, 727 P.2d 867 (Colo. Ct. App. 1986). · cites it 2× “, and § 15-10-401(1)(a), C.R.S. (1985 Cum.Supp.”

Est. v. Wimbush, 587 P.2d 796 (Colo. Ct. App. 1978). · cites it 2× “See also § 15-10-401, C.R.S.1973. Since it is undisputed that petitioners' names and addresses were known to the wife and the Bank, notice by publication alone cannot support the probate court's invocation of § 15-12-408, C.”

Matter of Est. of Leslie, 886 P.2d 284 (Colo. Ct. App. 1994). “See §§ 15-10-401(l)(a) and 15-12-403(l)(a), C.”

Olson v. Nugent, 166 P.3d 161 (Colo. Ct. App. 2007). · cites it 8× “Section 15-10-401, C.R.S.2006, requires notice be given to any interested person if a hearing on any petition is required.”

Est. of Rice (Colo. Ct. App. 2024). · cites it 4× “§ 15-10-401(1), C.R.S. 2024. The petitioner must mail or personally deliver the notice of hearing to interested persons at least fourteen days before the hearing.”

In Re Interest of Howard, 2020 COA 32 (Colo. Ct. App. 2020). “See § 15-10-401, C.R.S. 2019 (setting forth the notice requirements for a fiduciary); § 15-10-402, C.”

— Colo. Rev. Stat. § 15-10-401(1) — 1 case

Est. of Rice (Colo. Ct. App. 2024). “§ 15-10-401(1), C.R.S. 2024. The petitioner must mail or personally deliver the notice of hearing to interested persons at least fourteen days before the hearing.”

— Colo. Rev. Stat. § 15-10-401(1)(a) — 2 cases

Anderson v. Young, 727 P.2d 867 (Colo. Ct. App. 1986). “, and § 15-10-401(1)(a), C.R.S. (1985 Cum.Supp.”

— Colo. Rev. Stat. § 15-10-401(1)(c) — 1 case

— Colo. Rev. Stat. § 15-10-401(l)(a) — 1 case

Matter of Est. of Leslie, 886 P.2d 284 (Colo. Ct. App. 1994). “See §§ 15-10-401(l)(a) and 15-12-403(l)(a), C.”

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